Experienced Illinois Law Firm Assists Divorcing Spouses

Committed attorneys advise MOUNT Vernon clients on property and parenting concerns

Divorce can be difficult and stressful. You need an experienced and compassionate advocate who will stand up for your interests and ease the burden. The attorneys at Black, Ballard, McDonald, P.C. bring our in-depth knowledge of Illinois family law to representing clients in all aspects of divorce, including property and debt division, spousal support and child custody and support.

Navigating divorce, child support and visitation and child custody

A divorce can be filed either on fault or no-fault grounds with the family law court. Most divorces are brought on no-fault grounds. You can simply cite irreconcilable differences without placing blame on the other party. Divorces based on fault — such as adultery, extreme cruelty or desertion — are usually brought only when a spouse believes they may bear on decisions concerning alimony, property or child custody and support.

If there are children of the marriage, a divorce court will decide:

• Child custody and visitation — Courts in Illinois prefer that children have both parents equally in their lives, so they typically like to grant joint custody. However, when joint custody isn’t granted, the parent who doesn’t retain custody will usually be entitled to visitation, barring concerns that it would be detrimental to the child.
• Child support — When parents share custody of their children, the parent with the higher income will typically make support payments. Support is typically paid to the spouse who is awarded primary custody.

Our firm keeps the needs of our clients in the forefront when negotiating and litigating issues in divorce cases.

Understanding equitable division of marital debts and property in Illinois

Our experienced divorce attorneys can advise you about:

• Division of marital property — With a few exceptions, all property acquired by either spouse during the marriage is subject to equitable division, regardless of whose name is on a deed, bank account or other asset. The division must be fair but is not necessarily equal, as a judge will consider each spouse’s contributions to the marital relationship.

• Division of marital debts — Debts that are acquired during the marriage (marital debts) are divided between spouses during property division. Debts that either of the parties incurred before the marriage are usually not considered marital.
• Sale or possession of the marital home —Even if one spouse owned the home before marriage, if the other spouse made significant improvements or paid the mortgage, the marital home is subject to equitable division, which may mean selling the property and sharing the proceeds or having one spouse buy the other out. If there are children involved, the parent with primary custody may get the home.

Equitable division can be a complicated process. We are adept at identifying and valuing property to ensure our clients receive a fair distribution.

Contact our respected Southern Illinois law firm for a free consultation

The experienced attorneys at Black, Ballard, McDonald, P.C. in Mount Vernon have been effectively representing clients in divorces since 1990. Please call 618-816-3291 or contact us online for a free consultation.